The Origins of Muhammadan Jurisprudence pdf

The Origins of Muhammadan Jurisprudence By Joseph Schacht

About the Book: The Origins of Muhammadan Jurisprudence

The book is divided into four parts. The first part, “The Sources of Muhammadan Jurisprudence,” examines the sources of Islamic law, including the Qur’an, the hadith, and the consensus of the community (ijma). Schacht argues that the early jurists were more concerned with formulating legal principles than with collecting and verifying hadith. He also argues that the concept of qiyas, or analogical reasoning, was a major development in Islamic jurisprudence.

The second part, “The Schools of Law,” examines the development of the four major schools of Islamic law: the Hanafi, Maliki, Shafi’i, and Hanbali schools. Schacht argues that the madhhabs, or schools of law, emerged in the ninth and tenth centuries CE as a result of the need for a more coherent and systematic legal system. He also argues that the development of the madhhabs was shaped by political and social factors.

The third part, “The Theory of Muhammadan Jurisprudence,” examines the theoretical foundations of Islamic law. Schacht argues that the early jurists were influenced by Greek philosophy, particularly the works of Aristotle. He also argues that the early jurists developed a sophisticated theory of legal reasoning, which included the concepts of qiyas, istislah, and urf.

The fourth part, “The Application of Muhammadan Jurisprudence,” examines the application of Islamic law to specific areas of life, such as criminal law, contract law, and family law. Schacht argues that the early jurists were pragmatic in their approach to legal rulings, and that they were willing to adapt Islamic law to the changing needs of society.

Schacht’s book was a controversial work when it was first published, but it has since been recognized as a seminal study of Islamic jurisprudence. It has been praised for its meticulous scholarship and its insights into the early development of Islamic law.

However, Schacht’s work has also been criticized by some scholars, who argue that he overstated the influence of pre-Islamic legal traditions on the development of Islamic law. They also argue that Schacht’s interpretation of the hadith is too critical.

Despite these criticisms, Schacht’s book remains an important resource for anyone interested in the history of Islamic law. It is a challenging read, but it is also a rewarding one. If you are interested in learning more about the development of Islamic law, I highly recommend this book.

Here are some additional details about the book:

• It was published in 1950 by the Clarendon Press.
• It is 348 pages long.
• It is written in English.
• It has been translated into several languages, including Arabic, French, German, and Spanish.
• It has been cited by numerous scholars in their work on Islamic law.
• It is considered to be a classic work on the subject.